Before Judging Vaccines, the Court Should Judge Itself

Source: The Volokh Conspiracy
by Phillip Hamburger

“The Biden administration has imposed COVID-19 vaccinations on all healthcare workers at Medicare and Medicaid participating facilities as a condition of federal funding. When this condition came before the Supreme Court last Friday in Biden v. Missouri, the justices aptly inquired whether it departed from the Constitution. But they should have also considered their own departures from the Constitution. They then might have understood the administration’s conduct with greater clarity. The Constitution leaves the federal government much power to spend through its enumerated powers, but does not give Congress a general spending power. Such a move was considered by the Constitutional Convention but clearly abandoned. Nonetheless, the Court — uninhibited by history, intent, or text — says that Congress has a general spending power, thereby giving Congress a power to spend that exceeds even its inflated power to regulate.” (01/12/22)